The license terms of the 3D-Tool GmbH & Co. KG (in the following “Licensor”) for the use of the 3D-Tool software and its components as well as the accompanying documentation (in the following “Software”) are agreed upon as follows. Upon installation of the software you (in the following “Licensee”) hereby accept these license terms.
IF YOU DO NOT AGREE TO THE LICENSE TERMS, THE SOFTWARE MAY NOT BE INSTALLED OR USED.
1. PROTECTION AGAINST UNAUTHORIZED USE, RIGHTS OF PEPRODUCTION
1.1. Any type of use of the Software that is not in accordance with this End User License Agreement is forbidden. All rights of use that are not hereby expressly permitted shall remain with the Licensor and his Licensors.
1.2. Should the Licensee use the Software in an unauthorized manner, the Licensor then has the right to bill the Licensee for the unauthorized use in accordance with the current applicable license fees.
1.3. The emulation, alteration, decompilation and disassembly of the Software as well as the unbundling of the Software components is forbidden. The Software may only be used exactly as provided by the Licensor. The use of the CAD file visualization and conversion functions contained in the Software is only allowed via the user interface of the Software (including the batch mode). A use of these functions by controlling, embedding or integrating the Software or any subset of it from respective into other software or hardware products is forbidden. Also forbidden is the removal or bypass of any copy or similar protection mechanisms of the Software, and the removal, alternation and blanking of any copyright, trademark, company logo, license information, and other program identification contained in the Software. All licenses shall be immediately terminated in case of violation and the Licensor reserves the right to assert criminal and civil claims.
1.4. The Licensee only has the right to reproduce the Software if the contractual use of the Software so requires. The Licensee also has right to make a security back up of the provided Software.
1.5. If the rights of use expire, then the Licensee is obligated to delete the Software, and all copies thereof, from his computer system. The Licensee is also obligated to destroy all license materials and activation codes and any copies thereof.
2. RIGHTS OF USE
2.1. A single user license grants the Licensee the non-exclusive, worldwide right to use the Software with this license on ONE single user system (Workstation) for an unlimited period of time. Under no circumstances does the Licensee have the right to use the single user license in any way on more than one single user system or to permit such a use. If the Software is installed on a multiple user system (Server) or made accessible in a network (Remote-Access), then only the users with an individual single user license may use the Software.
2.2. A server license grants the Licensee the non-exclusive, worldwide right to make the Software with this license accessible on a multiple user system (Server), or in a network (Remote-Access), and to enable the contractually agreed upon number of users to use the Software for an unlimited period of time. If the Software is no longer executed on a multiple user system or in a network, then the Software may be executed on single user systems as long as the number of single user systems does not exceed fifty (50) percent of the contractually agreed upon number of users.
2.3. If the Software is used under a volume license, then the stipulations of the respective volume license agreement shall be applicable in addition to the stipulations of this EULA.
2.4. For the Free Viewer Version of the Software, the Licensor hereby grants the non-exclusive, worldwide right to execute and use the Software randomly on any system for private and commercial use for an unlimited period of time (Free Viewer License).
2.5. For components of the Software that are incorporated in the “executable” files (EXE-files) created by the Software the Licensor hereby grants the non-exclusive, worldwide right to execute and use the Software randomly on any system for private and commercial use for an unlimited period of time (Free Viewer License).
2.6. A onetime only cost free trial license can be requested for the purpose of testing the complete functionality of Software before a license is acquired. The rights of use to this trial license are limited to the time period of the testing and can be revoked at any time. If the Software is executed and used with a trial license, then any and all commercial use or productive uses are forbidden.
3.1. All service updates for a major release can be installed, executed and used by the Licensee free of charge.
3.2. Should the Licensor release a new major release of the Software, the Licensee may optionally carry out an update of his license to the respective current major release with costs; he is not obligated to do so.
4. TRANSFER OF LICENSES
4.1. To transfer a license from one computer to another all versions and copies of the Software must be deleted from the first computer and may only executed on the second computer in the future.
4.2. The customer may hand over the Software to a third party if the rights of use to the Software are transferred simultaneously. Such transfer includes any and all versions and updates obtained under the respective Software License. The partial transfer of Licenses is not permitted. With the transfer, the third party acquires the rights of use to the Software and the original Licensee loses any and all of his rights of use thereto. Therefore, in such case, the original Licensee is obliged to immediately delete or otherwise destroy all copies of the Software, including security back-ups. The same shall apply regarding all License material and activation keys. The stipulations as set out in this Section shall apply accordingly if the transfer is executed for a limited period of time, expressly excluding the lease of the Software.
4.3. To transfer a license to a new proprietor the initial Licensee must disclose the new proprietor to the Licensor in writing, and with a signature by the initial Licensee. The new Licensee may only use the Software if he accepts the End User License Agreement (EULA) of the Software.
5. EXPORT LIMITATIONS
5.1. The Licensee acknowledges and agrees that the Software is subject to the export control laws and regulations of the United States and the United Kingdom. Notwithstanding any other obligation pursuant to this Section 5, the Licensee is obliged to independently monitor and comply with the obligations and requirements arising out of said export control laws and regulations.
5.2. The Software may not be used by end users engaged in activities related to weapons of mass destruction except as authorized by the export laws and regulations of the United States. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons. Upon installation or use of the Software, the Licensee acknowledges above stipulations and declares not to be involved in any of above-listed fields of activity.
6. LIMITED RIGHTS OF THE U.S. GOVERNMENT
The Software and any supplemental documentation shall be provided as “commercial computer software” and “commercial computer software documentation” in accordance with the applicable directives of civil and military procurement acts of the United States of America as well as the respective addenda to these acts. If a License is acquired by or in the name of the U.S. government or by a principal supplier or sub-supplier of the U.S. government, the government is granted only those rights to the Software and the supplemental documentation in accordance with these license terms; conform with 48 CFR 227.7201 to 227.7202-4 (if acquired by the U.S. Department of Defense) and 48 CFR 2.101 and 12.212 (if acquired by other government agencies) as well as applicable follow-up regulations.
Manufacturer: 3D-Tool GmbH & Co. KG, Im Steiles 23/1, 69469 Weinheim, Germany.
7. WARRANTY AND LIABILITY
7.1. Neither a sales warranty nor any other warranty shall be given if the rights of use to the Software are granted free of charge (Free Viewer License, Trial License). If the Licensee uses the Software free of charge, he accepts the Software as it currently is and is not entitled to any warranty claims.
7.2. The Licensor shall only be liable for willfully and maliciously caused damages if the rights of use to the Software are granted free of charge (Free Viewer License, Demo License).
8. DATA PROTECTION DECLARATION
8.1. The 3D-Tool GmbH & Co. KG hereby ensures that personal data is only collected, stored and used in accordance with the applicable data protection regulations and other legal regulations. If personal data has been made available to the 3D-Tool GmbH & Co. KG, then this data shall only be used to answer inquiries, to execute contracts and for technical administration.
8.2 In the event that an error occurs during the use of the Software the User can send an error report to the Licensor; a respective window will pop-up on the screen. The User is not obliged to send this error report. If the User agrees to send the error report, the Software will automatically create an e-mail; the complete error report will be attached thereto. Anyhow, the error report will not be submitted to the Licensor before the User has sent that e-mail.
The complete error report contains information about the status of the Software and the computer at the time the error has occurred as well as a screenshot. Therefore, this error report may also contain personal data, i.e. information regarding the file path and file name of any file currently open at the time the error has occurred (e.g. names of customers, employees or projects), information regarding any other processes running on the computer at the time the error has occurred (e.g. names/titles of other software run by the User) as well as personal data visible at the screen-shot (e.g. personal data contained in folders or files currently open at the time the error has occurred). The User can limit the amount of information submitted to the Licensor by deleting the screenshot from the error report.
Within the scope of submitting an error report the Licensor will also collect further personal data of the User (e-mail address and other personal data contained in the e-mail itself, e.g. name, telephone number and/or position in the Licensee’s business organization).
Any and all information collected by the Licensor in such respect will solely be used for the purposes of rectifying the error and improving the software. Any and all personal data contained in the error report that is not needed for the fulfillment of afore-mentioned purposes or is no longer needed after the rectification of the error will not be stored or will be deleted without undue delay by the Licensor.
8.3. The customer consents to the collection, processing and further processing of his personal data for the purpose of the execution of this agreement. The customer has the right to request a report in regards to what personal data is stored for him or the deletion of his data, if the data is no longer required for the execution of the agreement.
9.1. The laws of the Federal Republic of Germany are applicable.
9.2. If the Licensee is a business or if the Licensee does not have his domicile place of general jurisdiction in Germany, then the place of jurisdiction is the place of business of the 3D-Tool GmbH & Co. KG. However, the 3D-Tool GmbH & Co KG also has the right to file an action against the customer at the latter’s place of business respectively the latter’s place of jurisdiction of the domicile.
9.3. If an individual stipulation of this agreement should be invalid or not executable or become invalid or not executable upon conclusion of the agreement, the validity of the remaining agreement shall not be affected.
3D-Tool GmbH & Co. KG
Im Steiles 23/1